Facing foreclosure in Brooklyn? New York residential foreclosures are judicial — lenders file a complaint in the New York State Supreme Court, Kings County. The homeowner is served with a summons and complaint and generally has a limited time to file an Answer under CPLR § 320(a). Under CPLR 3408, owner-occupied residential cases typically proceed to a mandatory settlement conference. The case also involves motion practice and discovery. New York law provides several protections for Brooklyn homeowners, including the pre-foreclosure notice requirements of RPAPL § 1304, the right to contest standing, and certain statute of limitations provisions under CPLR 213. We prepare Answers, Motions, and all Kings County Supreme Court–ready documents for Brooklyn homeowners representing themselves pro se.
NY Supreme Court, Kings County
Judicial foreclosure proceedings
Answer Deadline
CPLR § 320(a) — file promptly
CPLR 3408 Settlement Conf.
Owner-occupied residential
Pro Se Document Prep
Kings County Supreme Court–ready filings
New York residential foreclosures are judicial — lenders file a complaint in the New York State Supreme Court in the county where the property is located. For Brooklyn properties, this is Kings County. Under RPAPL § 1304, the lender is generally required to send a pre-foreclosure notice before filing, and the homeowner is served with a summons and complaint and generally has a limited time to file an Answer under CPLR § 320(a). For owner-occupied residential property, CPLR 3408 typically requires a mandatory settlement conference. The case also involves motion practice and discovery. New York law provides several protections for Brooklyn homeowners, including the RPAPL § 1304 notice requirements, the right to contest the plaintiff's standing, and certain statute of limitations provisions under CPLR 213. The duration of the process depends on whether the case is contested and the court's docket. Homeowners should consult with a qualified New York attorney for case-specific guidance.
Pre-Foreclosure Notice — RPAPL § 1304
Before filing a residential foreclosure complaint in Kings County, the lender is generally required under RPAPL § 1304 to send a pre-foreclosure notice to the Brooklyn homeowner. Material defects in the notice or in how it was served may provide grounds to challenge the foreclosure. Homeowners should consult with a qualified New York attorney to evaluate whether RPAPL § 1304 defenses are available in their specific case.
Summons & Complaint — Kings County
The lender files a complaint in the New York State Supreme Court, Kings County. The homeowner is served with a summons and complaint and generally has a limited time to file an Answer under CPLR § 320(a). The Answer typically must respond to each allegation and may include affirmative defenses and counterclaims. Failing to file a timely Answer may result in a default judgment. The specific deadline depends on the date and method of service.
CPLR 3408 Settlement Conference
For owner-occupied residential property in Brooklyn, CPLR 3408 generally requires a mandatory settlement conference before a court referee or judicial hearing officer. The conference provides an opportunity for the parties to discuss potential loss mitigation options, including loan modifications. The duration and outcome of the conference process depend on the circumstances of the individual case. Homeowners should consult with a qualified New York attorney for guidance on preparing for and participating in the CPLR 3408 conference.
Critical: Once served with a foreclosure summons in Kings County, the time to file an Answer is limited under CPLR § 320(a). Failing to file a timely Answer may result in a default judgment against you. Filing an Answer alone does not guarantee dismissal of the case — the outcome depends on the specific facts and legal defenses available. Consult a qualified New York attorney to evaluate your options.
Whether you have just been served with a summons and complaint in Kings County or a CPLR 3408 settlement conference has already been scheduled — early preparation is generally important. New York law provides procedural protections for Brooklyn homeowners. Free consultation. No obligation.